HomeMy WebLinkAbout1988-10-19; Planning Commission; Resolution 27761
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PLANNING COMMISSION RESOLUTION NO. 2776
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROVING SITE DEVELOPMENT PLAN NO. SDP 88-3 TO CONSTRUCT AN AUTO RETAIL CENTER ON PROPERTY GENERALLY LOCATED IN THE CAR COUNTRY EXPANSION SOUTH OF CANNON ROAD, EAST OF PASEO DEL
NORTE APPLICANT: CARLTAS AUTO CENTER
CASE NO: SDP 88-3
WHEREAS, a verified application has been filed with the
City of Carlsbad and referred to the Planning Commission; and
8 II WHEREAS, said verified application constitutes a request as 9
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provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code,
the Planning Commission did, on the 19th day of October, 1988,
considered said request on property described as:
Lots 2 and 3 of CT 87-3.
WHEREAS, at said public hearing, upon hearing and
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considering all testimony and arguments, if any, of all persons
desiring to be heard, said Commission considered all factors
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I.8 I NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
as ICommission of the City of Carlsbad as follows:
2o IIA) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the
Commission APPROVES SDP 88-3, based on the following findings
and subject to the following conditions:
23 /Findinqs:
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1. The project is consistent with CT 87-3 and meets all the requirements of the General Plan, Zone, Specific Plan, Local
Facilities Management Plan for Zone 3, and Local Coastal
Plan Mello 11. 26 I
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2, The project is architecturally compatible with the
1 surrounding Car Country dealerships, and uses a Spanish
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Planning Director on August 5, 1988. 4
3- The project will not cause any significant environmental 3
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architectural theme with slumpstone walls and Mission tile
impacts and a Negative Declaration has been issued by the
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4. The Planning Commission has, by inclusion of an appropriate
condition to this project, ensured building permits will not be issued for the project unless the City Engineer determines that sewer service is available, and building
cannot occur within the project unless sewer service remains
available, and the Planning Commission is satisfied that the
requirements of the Public Facilities Element of the General
Plan have been met insofar as they apply to sewer service
for this project.
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All necessary public improvements have been provided or will be required as conditions of approval.
The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan.
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7. This project is consistent with the City's Growth Management Ordinance as it has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 3.
8. School fees will be paid to ensure the availability of
school facilities in the Carlsbad School District.
19 l/Conditions:
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1. Approval is granted for SDP 88-3, as shown on Exhibit (s)
IIAII - IlFIl, dated October 19, 1988, with the exclusion of
the restaurant, incorporated by reference and on file in
the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions.
2. The developer shall provide the City with a reproducible
24" x 36", 100 scale mylar copy of the Site Plan as approved by the Planning Commission. The Site Plan shall reflect the
conditions of approval by the City. The plan copy shall be submitted to the City Engineer prior to issuance of building
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permits or improvement plan submittal, whichever occurs
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subject property unless the City Engineer determines that 3
3. This project is approved upon the express condition that i
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for such sewer permits and will continue to be available
building permits will not be issued for development of the
sewer facilities are available at the time of application
until time of occupancy. This note shall be placed on the
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This project is also approved under the express condition
that the applicant pay the public facilities fee adopted by
the City Council on July 28, 1987 and as amended from time
to time, and any development fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinance adopted to implement a growth management system or facilities and improvement plan and to
fulfill the subdivider's agreement to pay the Public Facilities Fee dated April 6, 1988, a copy of which is on
file with the City Clerk and incorporated by this reference.
If the fees are not paid this application will not be
consistent with the General Plan and approval for this
project shall be void.
93 1 5, The applicant shall provide school fees to mitigate
l4 I conditions of overcrowding as part of building permit
application. These fees shall be based on the fee schedule in effect at the time of building permit application.
15 6. Water shall be provided to this project pursuant to the
16 Water Service agreement between the City of Carlsbad and
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18 required by the Zone 3 Local Facilities Management Plan
approved by the City Council on May 19, 1987, incorporated
amendments to the Plan made prior to the issuance of
building permits.
the Costa Real Water District, dated May 25, 1983.
7. This project shall comply with all conditions and mitigation
19 herein and on file in the Planning Department and any future
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j 8. If any condition for construction of any public improvements
or facilities, or the payment of any fees in lieu thereof, imposed by this approval or imposed by law on this project are challenged this approval shall be suspended as provided in Government Code Section 65913.5. If any such condition
is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law.
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all sections of the Zoning Ordinance and all other 26
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9. Approval of this request shall not excuse compliance with
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applicable City ordinances in effect at time of building
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Prior to issuance of any City permits, applicant shall
submit a copy of a valid Coastal Development Permit allowing
construction of this project which is in substantial
conformance with this approval.
The proposed restaurant is specifically not approved at this
time. To receive approval at a future date, the applicant
shall process an amendment to the Site Development Plan
pursuant to Section 21.06.070 of the Carlsbad Municipal
Code. A parking study shall be concurrently prepared which
shall analyze the joint parking and traffic demands of the
restaurant in combination with the auto center. The study
shall be performed after the project has achieved 85%
occupancy for a minimum of six months, or at the discretion
of the Planning Director or City Engineer. Study shall
contain projections for 100% occupancy. The study shall demonstrate at peak operation hours of either or both
facilities that an adequate number of parking spaces will be available and that access, egress, and internal
circulation systems are not overtaxed. If parking is not
adequate then, the square footage of the restaurant shall
be reduced an equal amount. The applicant may choose to
develop the proposed restaurant building as an additional
retail area. This may occur without an amendment if all
conditions of this approval are complied with in their
entirety.
.La 12 . Auto-related types of uses as allowed by SP-19 (C) may be
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permitted in the retail center except for those uses stated
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as prohibited on Exhibit 8pY81, dated October 19, 1988.
13 . The proposed towers as shown on the building elevation plans
shall not contain any usable floor area.
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shall be available to all sales and service employees in 23
15. A test driving map shall be submitted for Planning Director 22
reflect downward and avoid impacts on adjacent property. 21
prior to building permit issuance. All lighting shall be 20
14. An exterior lighting plan showing architectural style and lumens shall be submitted for Planning Director approval
in conformance with SP 19 (C) K and shall be designed to
approval prior to issuance of building permits. This map
order to designate areas for test driving. This map shall
24 I note that test driving in residential areas is prohibited.
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Location of said receptacles shall be approved by the 26
16- Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gates pursuant to City standards.
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Planning Director. Enclosure shall be of similar colors
and/or materials to the project to the satisfaction of the Planning Director. I
17. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, pursuant to Building Department Policy No. 80-6, to the satisfaction of the Directors of Planning and Building.
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will be submitted for approval by the Fire Chief and the 8
19. No outdoor storage of material shall occur onsite unless 7
locations to the satisfaction of the Planning Director.
20. Prior to occupancy, the applicant shall receive approval of
10 a hazardous material business plan from the County of San
11 address the temporary storage and disposal of hazardous
12 21. Each lessee shall submit material safety sheets for all
13 hazardous, flammable, or combustible liquids and materials
14 included on individual lease agreements. A sample revised
15 to the issuance of building permits.
18. Compact parking spaces shall be located in large groups in
required by the Fire Chief. In such instance a storage plan
Planning Director.
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Diego Department of Health Services. Such plan shall
wastes generated by the subject site.
' to the Fire Department for review. Said condition shall be
agreement shall be approved by the Planning Department prior
16 22* The applicant shall prepare a detailed landscape and irrigation plan which shall be submitted to and approved by
building permits, whichever occurs first. Said plan shall
include landscaping of the proposed restaurant area until
such time as construction occurs.
17 the Planning Director prior to the issuance of grading or
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20 ' provide a 36 inch screen wall at the locations indicated in
Exhibit llAll. Said wall shall be stuccoed and designed to
'123. As part of the detailed landscape plan, the applicant shall
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24- All parking lot trees shall be a minimum of 15 gallons in 22
be compatible with the main structures.
size.
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26. The applicant shall provide tables, benches and trash 25
thriving condition, free from weeds, trash, and debris.
receptacles at the shared employee lunch area on the western
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25. All landscaped areas shall be maintained in a healthy and
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I Said lunch area shall be constructed with the proposed buildings and completed prior to occupancy.
2 27. A uniform sign program for this development shall be submitted to the Planning Director for his review and
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The sign program shall prohibit the use of paper signs,
banners or flags in any windows or within 24 inches of any
window on the premises. Also excluded are the use of
balloons, and the outdoor display of merchandise. The
applicant shall include these restrictions in the lease
agreement with lessees.
The proposed monument signs shall identify the auto center
only and shall not include the display of individual
business names. Said monument signs, not to exceed 8 feet
maximum in height, shall be approved by the Coastal
Commission. No pole signs are approved for this project in
accordance with the Mello 11 segment of the Local Coastal
Plan.
The applicant shall include in individual lease agreements
a condition whereby all cars being stored overnight on the
site shall be contained within the proposed structures,
designated areas, or within the interior courtyard. The
applicant shall submit a proposed layout for the 24 hour
parking area on the western property line near the auto
bays, which shall be approved by the Planning Director. Any
24 hour parking shall be limited to that area, contained
within the structures, or within the interior courtyard.
96 31. All compact parking stalls shall be posted with signs
17 indicating %ompact parking".
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32. The applicant shall post a sign at the interior side of the
Street I*A*I access indicating 19N0 Exit11 from that location.
330 If building permits are not issued within one year from the
date of approval then this Site Development Plan shall
become null and void. The applicant may request extensions
from the Planning Commission not to exceed one year.
22 Ensineerins Conditions: I1
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34. Pretreatment of the sanitary sewer discharge from this
project may be required. In addition to the requirements
for a sewer connection permit the developer shall conform
to the requirements of Chapter 13.16 of the Carlsbad
Municipal Code. The developer shall apply for an industrial
waste discharge permit concurrently with the building permit
for this project. No Certificates of Occupancy for the
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project will be issued before the industrial waste discharge permit application requirements have been met, all
applicable fees paid and the permit issued.
35. The developer shall obtain a grading permit prior to the
commencement of any clearing or grading of the site.
36. The grading for this project is defined as "controlled grading" by Section 11.06.170(a) of the Carlsbad Municipal Code. Grading shall be performed under the observation of a civil engineer whose responsibility it shall be to coordinate site inspection and testing to ensure compliance of the work with the approved grading plan, submit required reports to the City Engineer and verify compliance with Chapter 11.06 of the Carlsbad Municipal Code.
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No grading shall occur outside the limits of the Project unless a letter of permission is obtained from the owners
of the affected properties.
A separate grading plan shall be submitted and approved and
a separate grading permit issued for the borrow or disposal site if located within the city limits.
All slopes within this project shall be no steeper than 2: 1.
Prior to hauling dirt or construction materials to any
proposed construction site within this project the developer
shall submit to and receive approval from the City Engineer
for the proposed haul route. The developer shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation.
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41. The developer shall exercise special care during the
construction phase of this project to prevent any offsite siltation. The developer shall provide erosion control measures and shall construct temporary desiltation/detention basins of type, size and location as approved by the City Engineer. The basins and erosion control measures shall be
shown and specified on the grading plan and shall be constructed to the satisfaction of the City Engineer prior
to the start of any other grading operations. Prior to the removal of any basins or facilities so constructed the area served shall be protected by additional drainage facilities, slope erosion control measures and other methods required or approved by the City Engineer. The developer shall maintain the temporary basins and erosion control measures for a period of time satisfactory to the City Engineer and shall guarantee their maintenance and satisfactory performance through cash deposit and bonding in amounts and types suitable to the City Engineer.
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42. Additional drainage easements and drainage structures shall be provided or installed as may be required by the City
Engineer.
43. The owner of the subject property shall execute a hold harmless agreement regarding drainage across the adjacent
property prior to the approval of any grading for this pro j ect .
5 44. Runoff from this project is conveyed to environmentally sensitive areas. The subdivider shall provide adequate
6 means of eliminating grease and oils from drainage prior to discharge. Plans for such improvements shall be approved
7 by the City Engineer prior to issuance building permit.
8 45. Unless a standard variance has been issued, no variance from City Standards is authorized by virtue of approval of this
9 Site Plan.
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46- The developer shall comply with all the rules, regulations
47. Prior to approval of any grading or building plans, the 1%
agencies regarding services to the project.
and design requirements of the respective sewer and water
developer shall consolidate Lots 2 and 3 of Carlsbad Tract
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designated to allow a right turn in only. 16
49 . Entrance to the project via Car Country Drive shall be
48. Entrance to the project via Street IrA" shall be designated
50. Sight distance per the City of Carlsbad Engineering 17
to allow a right turn in only.
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Standards shall be incorporated in the grading, landscaping
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52. A reciprocal Use Agreement or Covenant of Easement shall be 22
permits. 21
be supplied to the City Engineer for the driveway serving 20
51. A reciprocal Driveway Agreement or Covenant of Easement shall be recorded and a copy of the recorded document shall
Lots 1 and 2 of CT 87-3 prior to issuance of any building
recorded and a copy of the recorded document supplied to the
23 of Lots 1 and 2 of CT 87-3 prior to issuance of any grading City Engineer for the shared lunch area at the property line
24 or building permits.
25 53- Approval of SDP 88-3 is granted subject to final map
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approval of CT 87-3.
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Fire Conditions:
54. Prior tothe issuance of building permits, complete building plans shall be submitted to and approved by the Fire
Department.
55. The developer shall provide the City with a reproducible
24" x 36", 100 scale mylar copy of the site plan as approved by the Planning Commission. The site plan shall reflect the conditions of approval by the City. The plan copy shall be submitted to the City Fire Department to issuance of building permits or improvement plan submittal, whichever occurs first. Two hydrants will be required onsite.
~ 56. The applicant shall submit two (2) copies of a site plan showing locations of existing and proposed fire hydrants and onsite roads and drives to the Fire Marshal for
approval.
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57- An all-weather access road shall be maintained throughout construction.
58. All required fire hydrants, water mains and appurtenances
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at all times, and shall have posted "No Parking/Fire Lane - a4
59. All private driveways shall be kept clear of parked vehicles
shall be operational prior to combustible building materials being located on the project site.
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Tow Away Zonell pursuant to Section 17.04.040, Carlsbad
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60. All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Department
for approval prior to construction.
61. All roof-top appurtenances shall be architecturally
integrated into the design of the building and shielding to
prevent noise and visual impacts, subject to approval before issuance of permit. :
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therein which shall split the building into 10,000 sq. ft. 22
62- Building exceeding 10,000 sq. ft. aggregate floor area shall be sprinklered or have four-hour fire walls with no openings
(or less) areas.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 19th day of October, 1988, by the following vote, to wit:
AYES : Chairperson McFadden, Commissioners: Marcus,
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4 Schlehuber, Holmes, Erwin t Schramm.
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ABSTAIN: None. 7
ABSENT: Commissioner Hall. 6
NOES : None.
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